Censorship
Censorship is the control of speech or other human expression. The freedoms against censorship granted to Americans comes primarily from the First Amendment of the Constitution which states:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
One could almost argue that asking AAFES to not sell pornography or CD's with explicit lyrics is censorship. However, that argument is logically invalid because the First Amendment states that we have the right to say what we want, but it doesn't guarantee us the ability to make a profit off of our speech. You can say what you want, but people don't have to be forced to listen to it or be forced to pay for it. That is why Wal-mart and Target don't sell pornography, because they choose not to.
Also, since AAFES is a government store, it could be argued that the government is censoring products. That just doesn't pass the common sense test. A store can't sell everything - even if it is a government store. It isn't going to sell books that teach us how to build bombs nor is it going to sell books that teach us how to break into government computer servers. AAFES "bans" those books from its product catalogs because they would threaten national security. A store can't sell everything, so by its very nature, even if it is run by the government, it must be selective in what it sells.
Another point. AAFES serves the military. The military doesn't fall under the First Amendment, those rights are actually taken away when you take your Oath of Enlistment or Commission. In fact, the military falls under a totally different judicial code called the Uniformed Code of Military Justice (UCMJ). In order to maintain good order and discipline, Congress and the President have powers within the Constitution to limit the speech of Service Members. Some laws in the UCMJ that limit free speech are Articles 88-90. They read as follows:
Article 88:
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.
Article 89:
Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
Article 90:
Any person subject to this chapter who—
(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or
(2) willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.”
Not only to these military laws limit free speech, but they give superiors the ability to tell service members what to do. That is definitely not freedom; it is essential for discipline, however.
So back to AAFES. AAFES serves the military who falls under UCMJ. If AAFES sells products that contradict the spirit of the military, it shouldn't sell them. And if the military commanders or the civilian command authority decides a product undermines discipline in the military, they have every right, under the law, to ban that product. This in no way is censorship, because books are still allowed to be printed, movies are still allowed to be made, and CD's are still allowed to be produced. These companies just aren't going to make a profit on the military who wish to maintain their Honor and Decency.
3 comments:
Read your contract. No where in it does it say "I hereby lose my right to the First Amendment." Additionally, I'd like to add that the "modifications" of our First Amendment rights aren't all that different from some other laws. For example, a civilian (who has full rights) still can't shout "fire" into a theater. We still have the right to freedom of speech.
Oh, and might I add: you're not being forced to read it, or pay for it. So quit complaining.
SPC Williamson,
You state: "Oh, and might I add: you're not being forced to read it, or pay for it. So quit complaining."
I don't have to read the porn magazines AAFES stocks, nor do I pay for them - you are correct.
However, here is my problem. I'm searching the Ft. Riley book aisle glancing thru Al Gore's book on global warming (which is comical by the way)and directly across from me is an old man flipping thru the pages of FHM magazine. No doubt he is looking and fantasizing about these nearly nude women. It is rather discusting to imagine what is going thru that old man's mind. So here I am, a somewhat attractive, young female, standing next to this man who is getting a bit of enjoyment from looking at the women in FHM.
You absolutely have the right to buy those magazines and sit and stare at them all day long if that's what you want to do. But buy them elsewhere - at an adult bookstore. I shouldn't be exposed to this crap. Nor should I be fearful that the object of this man's discusting, reprobate fantasy is turning from the women in the FHM magazine to me.
Pornography encourages men to view women as sexual objects. A woman knows when a man is looking at her in such a degrading manner. And I for one am sick of it!
Ok, here's the deal.
There is nothing pornographic about FHM. There is no nudity. Sure there are scantily clad females, but you can see these on TV, even on AFN.
I am a happily married Airmen who doesn't particularly care for porn, but I don't have a problem with people who do. In fact, I don't have a problem with it at all, unless it involves children or people who are forced into it.
I see a huge problem with this entire argument. Under the 1st Amendment and even under the UCMJ there is no ban on sexually explicit material. This does not present a clear and present danger which is the litmus test for banning particular forms of speech.
AAFES does take measures to hide magazines, even those that don't need much hiding such as Maxim or FHM. You are not forced to view it, or buy it, and you are not forcibly exposed to the photographs within.
If you have a problem with a man flipping through the pages while in the store, take it up with that man.
Here is the problem that I have:
Virtually every bookstore across America sells the magazines that AAFES has, and more explicit magazines. Congress has not tried to ban these. Why go specifically after the military?
After all, we are the ones who fight for everyone's right to view these magazines; Why should we not be allowed to view them?
In my opinion this is just another Christian faith-based initiative that violates the Constitution, but will probably pass because people do not know enough about what their government stands for, or its history.
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